Newton, NJ asked in Real Estate Law and Banking for New Jersey

Q: When two co-borrowers own a home in NJ if one person wants to sell and the other doesn't, can a sale be forced?

The remaining mortgage amount is an amount one co-borrower can pay independent of the other co-borrower. (In fact, one co-borrower has always made 100% of the mortgage payments.) One co-borrower is not planning to move; the other had moved away from the home years ago. Both co-borrowers pay real estate taxes in equal amounts. Can one co-borrower refinance the mortgage or can one co-borrower simply be removed from the current mortgage?

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1 Lawyer Answer
Vincent Gallo
Vincent Gallo
  • Staten Island, NY
  • Licensed in New Jersey

A: Under normal circumstances, one person can force the sale of real estate by means of an action in partition.

Bruce Alexander Minnick agrees with this answer

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